Readmission to the register
Agreed removal is not necessarily permanent, as the nurse, midwife or nursing associate may seek to be readmitted to the register at some point in the future. For readmission to the register, the nurse, midwife or nursing associate will need to make an application for readmission supported by appropriate evidence. The Assistant Registrar will consider the application alongside the details of any concern that was unresolved at the time removal was agreed and any new information the nurse, midwife or nursing associate provides about this.
The Assistant Registrar will exercise caution in allowing a professional to be readmitted following removal from the register in circumstances where there are outstanding fitness to practise concerns, particularly where the professional has previously expressed an intention to cease practising permanently. The nurse, midwife or nursing associate will be expected to explain why they are seeking readmission, having previously applied for removal.
Where the nurse, midwife or nursing associate’s removal was agreed after concerns were raised about their health, they may be required to provide up-to-date medical evidence in order to satisfy the Assistant Registrar that they now meet our health requirements and are capable of safe and effective practice. In cases relating to lack of competence or poor clinical performance, the nurse, midwife or nursing associate may be expected to provide evidence of clinical competence, for example through completion of a return to practice course, with particular reference to the clinical concerns identified.
The applicant will need to satisfy the Assistant Registrar that they are capable of safe and effective practice, and meet the health and character requirements, in light of any concerns that were outstanding when they applied for removal. Where any outstanding concerns were not admitted or proved, the Assistant Registrar will consider the evidence available in relation to those concerns at the time of the application for readmission. The Assistant Registrar may also seek additional information about the concerns before reaching their decision. When considering those concerns, the applicant will need to satisfy the Assistant Registrar, in the light of all the available evidence, that they are now capable of safe and effective practice. The applicant will also need to meet all other relevant requirements for readmission.
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- Last Updated: 24/04/2023
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FtP library
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Understanding Fitness to Practise
- Aims and principles for fitness to practise
- Allegations we consider
- How we determine seriousness
- Why we screen cases
- When we use interim orders
- Investigations
- Examining cases
- How we manage cases
- Meetings and hearings
- Resolving cases by agreement
- What sanctions are and when we might use them
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Taking account of context
- Taking account of context - overview
- 1: We’ll approach cases on the basis that most people referred to us are normally safe
- 2: We’ll seek to build an accurate picture about the nurse, midwife or nursing associate’s practising history
- 3: We’ll always carefully consider evidence of discrimination, victimisation, bullying or harassment
- 4: Where risks are caused by system and process failures, we’ll concentrate on the action we can take to help resolve the underlying issues
- 5: In cases where a nurse, midwife or nursing associate was required to use their professional judgement we’ll respond proportionately
- 6: Evidence of steps the nurse, midwife or nursing associate has taken to address serious concerns caused by a gap in knowledge or training or personal context factors
- 7: We’ll always look into whether group norms or culture influenced an individual’s behaviour before taking action
- 8: Where an incident has occurred because of cultural problems, we’ll concentrate on taking action to minimise the risk of the same thing happening again
- What context factors we think are important to know about when considering a case
- Our culture of curiosity
- Decisions of the Disclosure and Barring Service (DBS) and Disclosure Scotland
- Insight and strengthened practice
- Engaging with your case
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Screening
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Our overall approach
- Our overall approach - overview
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The Three Questions we ask when making Screening Decisions
- The Three Questions we ask when making Screening Decisions - overview
- Do we have a written concern about a nurse, midwife or nursing associate on our register?
- Is there evidence of a serious concern that could require us to take regulatory action to protect the public
- Is there clear evidence to show that the nurse, midwife or nursing associate is currently fit to practise?
- Clinical advice
- Referrals to other regulators
- Referrers that wish to remain anonymous
- Whistleblowing
- A decision not to take any further action at this time
- Determining the regulatory concern
- Cases that may involve incorrect or fraudulent entry
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Our overall approach
- Interim Orders
- Investigations
- Case Examiners
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Preparing for the FtP Committee
- Reviewing cases after they are referred to the FtPC
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Drafting charges
- Why do we have guidance on charges?
- Jargon buster
- General approach
- How a charge becomes final
- Practical drafting issues
- Particular features of misconduct charging
- Drafting charges in health cases
- Other fitness to practise charges
- Multiple allegations
- Drafting charges in incorrect or fraudulent entry cases
- Documents panels use when deciding cases
- Gathering further evidence after the investigation
- Disclosure
- Notice of our hearings and meetings
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Case management
- Hearing fitness to practise allegations together
- Telephone conferences
- Preliminary meetings
- Considering cases at meetings and hearings
- Removal by Agreement
- Cancelling hearings
- Constitution of panels
- Proceeding with hearings when the nurse, midwife or nursing associate is absent
- Case management during hearings
- Hearings in private and in public
- When we postpone or adjourn hearings
- Supporting people to give evidence in hearings
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FtP Committee decision making
- Impairment
- Consensual panel determination
- Offering no evidence
- Abuse of process
- Directing further investigation during a hearing
- Evidence
- Making decisions on sexual misconduct
- Making decisions on dishonesty charges and the professional duty of candour
- Agreed removal at hearings
- Deciding on incorrect or fraudulent entry
- Sanctions
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Reviews
- Reviewing case examiner decisions
- Interim order reviews
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Substantive order reviews
- Substantive order reviews - overview
- Standard reviews of substantive orders before they expire
- Early review
- Exceptional cases: changing orders with immediate effect at a standard review
- Review of striking-off orders
- New allegations
- Reviewing orders when there may have been a breach
- Reviews where an interim order is in place
- Removal from the register when there is a substantive order in place
- Appeals and restoration